The Ex. Engineer, Irrigation Project Div. Jalna Thr G.M.I.D.C., Aurangabad v. Sandu Yadavrao Thombre And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.10402 OF 2023 IN FAST/6113/2020 SANDU YADAVRAO THOMBRE

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for Applicants : Mr.R.J.Nirmal AGP for Respondent-State : Mr.K.B.Jadhavar Advocate for Respondent no.2 : Mr.M.C.Swami ...

WITH CA/10821/2021 IN FAST/6113/2020 WITH CA/10823/2021 IN FAST/6113/2020 WITH FIRST APPEAL STAMP NO.6113 OF 2020 ...

THE EXECUTIVE ENGINEER, IRRIGATION PROJECT DIVISION, JALNA

VERSUS

SANDU YADAVRAO THOMBRE & ANOTHER ...

Advocate for Applicant : Mr.M.C.Swami AGP for Respondent-State : Mr.K.B.Jadhavar Advocate for Respondent no.1 : Mr.R.J.Nirmal ...

CORAM :ARUN R. PEDNEKER, J.

DATE :27.09.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL

1] The present Civil Application is filed to withdraw the amount deposited by the Acquiring Body in this Court.

2] The Appeal is filed by the acquiring body on the ground that there is large increase in the compensation granted by the Land Acquisition Officer and it is 6 time increase in the compensation granted by the Land Acquisition Officer.

3] The applicant is permitted to withdraw 75% amount deposited in this Court along with interest accrued thereon subject to furnishing usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. The remaining amount be kept in Fixed Deposit in any Nationalized Bank. Civil Application is disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR DELAY 1] The present Civil Application is filed to condone the delay of 219 days in filing the First Appeal. 2] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Civil Application is disposed of accordingly.

C] ORDER IN CIVIL APPLICATION FOR STAY The applicant - acquiring body has deposited entire award amount in this Court. The interim stay granted by this Court stands confirmed. Civil Application is disposed of accordingly.

D] ORDER IN FIRST APPEAL 1] First Appeal is admitted.

2] On admission, the learned AGP waives notice for the respondent no.1. Mr.R.J.Nirmal, learned counsel waives notice for the respondent no.1.

3] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC